Section 163.1 as revised by Bill C-20
October 30th, 2003 (Not enacted)
Definition of “child pornography”
163.1 (1) In this section, “child pornography” means
a. a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
i. that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or
ii. the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years; or
b. any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act; or
c. any written material the dominant characteristic of which is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.
Defence
6. No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence, or if the material related to those acts that is alleged to contain child pornography, serve the public good and do not extend beyond what serves the public good.
Question of law, motives
7. For the purposes of this section,
a. it is a question of law whether any written material or visual representation advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;
b. it is a question of law whether an act or any material related to an act serves the public good and whether there is evidence that the act alleged or the material goes beyond what serves the public good, but it is a question of fact whether the act or the material does or does not extend beyond what serves the public good; and
c. the motives of an accused are irrelevant.
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